The basic elements of any civil action initiated in Connecticut are a plaintiff and a defendant. The plaintiff is needed to supply the complaint, while the defendant is needed to answer for it. It is important to remember, however, that either side of a civil case need not necessarily be individuals; both can be represented by a legal entity or organization. For example, in cases where one of the parties to such a matter is deceased, an action may be initiated by (or responded to) by their estate.
A car accident that recently occurred in New Haven serves as an example of where this might happen. A high-speed collision on Interstate 91 claimed the life of a Hamden woman and put a New Haven man in the hospital with serious injuries. The accident occurred as the man was driving home after completing his shift for the local police department. His vehicle ended up being struck by that of the woman, who was driving the wrong way. Both vehicles were damaged so severely that the drivers had to be extracted by first responders. Investigators are still trying to determine why the woman was driving the wrong way on the freeway.
Given the extensive injuries that the man in this case suffered, the need to seek compensation beyond standard insurance coverage may arise. Yet how can he (or others injured or affected in similar cases) file a lawsuit against one who is deceased? Such action can be taken against a liable party’s estate, which would be required to settle any damages awarded in such a case before making any disbursements to beneficiaries. Anyone needing to initiate action in a case such as the one detailed here may find an attorney to be a valuable ally to have in their corner.